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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Hennessey v. Good Earth Tools, Inc., 126 F.3d 1107 (8th Cir. October 10, 1997)

Keywords: ADEA (wrongful termination, insufficient evidence)

Introduction: Edward Hennessey sued his former employer under the ADEA for wrongful termination. The district court granted summary judgment in favor of the employer. The Eighth Circuit affirms.

Facts: Good Earth Tools hired Hennessey at age fifty-five and terminated him when he was fifty-nine for inadequate job performance.

Law:

1. The Eighth Circuit assumes, without deciding, that Hennessey established a prima facie case.
2. Good Earth articulated a legitimate, nondiscriminatory reason for the termination (inadequate job performance).
3. The Eighth Circuit affirms the district court grant of summary judgment because Hennessey failed to create a genuine question of fact as to whether age discrimination motivated his dismissal. Click here to see actual case.